EverWash Car Club Terms and Conditions of Service

1. User's Acknowledgment and Acceptance of Terms

EverWash Car Club, LLC (“Us” or “We”) provides the EverWash site and mobile application and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. By accessing, downloading, and/or using the Site, including the mobile application, and/or the Services, you signify your acceptance of all provisions of the EverWash Terms of Use as set forth herein and all features and functionalities, website, and user interfaces, as well as all content and software associated with our service. THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND EVERWASH. If you do not agree to the Terms of Use, please exit the EverWash Site and if purchased, do not continue your Membership by cancelling. EverWash expressly reserves the right to make changes to our terms at any time without notice to you. Your continued use of our site and your Membership following any changes to these terms will mean that you accept such changes. If you have questions or concerns regarding the Terms of Use, please contact EverWash as directed below.

2. EverWash Subscriptions

EverWash Car Club is a subscription based car wash membership and service plan. This Agreement is for the individual user and vehicle (“User” or “You”) that is registered with EverWash Car Club. This Agreement commences on the date of registration and if a membership is purchased continues from month to month until the Agreement is cancelled or terminated in accordance with the terms and conditions set forth herin

3. Description of Services Offered

  • General Membership Program. Through the EverWash mobile application and/or website a consumer will choose a specified car wash location (“Home Base”) in which they wish to become a member (the “Member”) and selects an unlimited monthly car wash plan from the options provided. In addition to unlimited monthly car washes, membership entitles the Member to upgrades and other car wash related services at an EverWash Car Club Member discounted price. In exchange, Members will remit to EverWash their designated payment information and will be charged on a recurring billing cycle for monthly car wash plans and for the one time fees associated with upgrades and additional services. All membership plans and information required to use the services selected is transmitted using a QR Code on your smartphone device. You must have your smartphone device with you at the time the services are rendered.
  • Promotional Wash/Free Trial Program. Once you registered with EverWash through its mobile application, you may be eligible to receive one Free Car Wash. The free car wash may be used within one month from your date of registration at a Registered Merchant’s location. Free Car Washes are for individuals who have not previously registered with EverWash through its mobile application and EverWash reserves the right to determine such eligibility.

4. Member Eligibility

If you Register for a Membership, you represent and warrant that you (a) are not under the age of 18; (b) are not registering under a false name or with false information; (c) you are authorized to use the form of payment submitted for membership; (d) will not use other Members’ accounts and will not let others use your account; (e) will not attempt to or actually override any security component included in the Member Web Site or Mobile Application; and (f) will comply with the Member Terms of Use at all times.

5. Passwords & Account Access

The Member who created an EverWash membership account is referred to as the Account Owner. The Account Owner has access and control over his/her EverWash account through the use of an identification name and password. The Account Owner has exclusive control over such information. Because your account may contain credit card information, you should not reveal such information to anyone. By sharing such information, the Account Owner agrees to be responsible for the misuse of such information.

6. General Membership Policies

  • The EverWash Membership is valid only at participating EverWash locations.
  • The EverWash Membership is valid for the specified services only.
  • The EverWash Membership is valid for up to one car wash per day for the designated vehicle only.
  • To use your EverWash Membership, You must have your smartphone device with the downloaded EverWash mobile application with you at the time the services are to be rendered.
  • A valid credit or debit payment card is required to participate in the EverWash membership program.
  • All vehicles must conform to EverWash and your Home Base’s standards. Modifications outside of such standards to existing customer’s vehicle may require program termination. Please see your Home Base manager for confirmation that vehicle meets standards.Additional charges for oversized and professional vehicles may apply.The Everwash Membership is not for Commercial and/or Professional use vehicles. For Commercial and/or Professional use vehicles call (408) 686-9274 (408-686-WASH) or email us at support@everwash.com

7. Payment and Billing

  • Payments. All payments, including monthly membership amount, upgrades and additional services are payable by electronic funds transfer from the Member’s credit or debit card account. Members must authorize payments to be made through a third party administered electronic funds transfer system. Credit card information must be received and processed in order for memberships to become effective. You may edit your Payment Method information by clicking on the "Payment Method" link on our mobile application and change the payment method thereon. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you will be charged a fee and remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates and may require you to pay an initiation fee to reactivate your account. It is the Member’s full and sole responsibility to make and update any changes of contact or billing information including address, email or credit/debit card information through its mobile application.
  • Recurring Billing. By starting your EverWash membership, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the EverWash service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to initiation and service fees, promotional offers and/or changing or adding a plan, and/or requesting additional car wash related services and/or goods and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
  • Billing Cycle. The membership fee for our service will be billed on the first day that you join EverWash Car Club and select a membership plan and shall be billed on the corresponding day each subsequent month thereafter unless and until your membership is terminated or cancelled. We automatically bill your chosen payment method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate.
  • One-time Charges. From time to time EverWash may charge an initiation fee as detailed on the payment section of your membership application. In addition, from time to time you may choose to add additional car wash related services or goods over and above your membership plan. Any initiation charges and/or additional services charges are one-time charges and will be electronically charged to the credit or debit card provided at the time of initiation or the service is provided.
  • Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

8. Termination by EverWash.

EverWash may terminate your membership at any time for your failure to comply with its policies and procedures. EVERWASH reserves the right, at its sole discretion, to refuse to honor any request for Membership.

9. Effective December 1st 2015, Member Cancellation Policy

You may cancel your EverWash membership at any time by contacting EverWash at support@everwash.com. Your membership will be cancelled effective 1 day from your NEXT bill date. You will continue to have access to the service through the end of your next billing period.

10. Changes to Membership Plans

  • Freeze policy. If a member is unable to use EverWash program, the Member may freeze their account for up to Four (4) months for a one-time fee of $10. At the end of your freeze period, your automatic billing cycle will commence with or without additional notice.
  • Changes to Home Base Location. An EverWash member may decide to change locations of where they receive their car wash and car wash related services. A member may change the Home Base by contacting EverWash at support@everwash.com.
  • Changes to Desired Membership Plan. An EverWash Member may decide to change the level of membership and specific monthly services at any time for no additional cost.

11. Compliance with the Law

You must comply with all applicable governing laws at all times regarding your Membership.

12. Marketing

By signing this Agreement you agree to allow EverWash, its affiliates and your home base location to market products and services to you in any form including, direct mail, email, telephone, texting or other means available. EverWash agrees not to sell member’s information to any third parties for the purpose of marketing.

13. Privacy Policy

The EVERWASH Member Privacy Policy applies to you and other users use of the EverWash Member Web Site and EverWash Mobile Application. The Privacy Policy is available for review at www.everwash.com/privacy-policy. Personally identifying information is subject to our Privacy Policy the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

14. Changes in Operating Hours/Temporary Closing of the Car Wash

As a result of repair, maintenance, weather or act of God; your Home Base may restrict its use or temporarily close its facilities from time to time. There will be no reduction or suspension of membership fees during such time when the above-mentioned occurs and EverWash shall not be responsible for any such event.

15. Copyright Provisions

You agree at all times to honor all applicable copyright law with respect to Member Web Sites, application, emails and e-Newsletters. As such, you may not duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit EverWash information except as specifically authorized in writing by EverWash. In addition, you may not remove any copyright, trademark or other proprietary rights notices contained anywhere on EverWash material, whether electronic or in writing and may not infringe or use the EVERWASH brand, logos and/or trademarks without authorization.

16. Indemnification

You agree to indemnify EVERWASH and hold EVERWASH harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by your failure to comply with the Member Terms of Use, including, without limitation, your violation of copyright law that violates third party rights or applicable laws.

17. Limited Liability

To the extent permissible under applicable laws and jurisdictions, in no event shall EverWash, or its subsidiaries or any of their shareholders, directors, officers, employees or licensors be liable (jointly or severally) to you for personal injury, property damages or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever as a result of your use of the services offered by EverWash.

18. Disclaimers

EVERWASH does not guarantee that the Membership services which it provides will function without interruption or errors in functioning. EVERWASH may modify, replace, refuse access to, suspend or discontinue the Member Web Site or Member e-Newsletters, partially or entirely. EVERWASH will issue pro rata refunds for Paid Memberships in the event of full cancellation of all Membership services. EVERWASH reserves all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in EVERWASH's Member Web Site and Member e-Newsletters and all related items. EVERWASH neither warrants nor represents that your use of the Member Web Site or e-Newsletters will not infringe the rights of third parties.

19. Waiver

The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.

20. Severability

The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

21. Complete Agreement

This Agreement constitutes and embodies the full and complete understanding of the parties hereto, and supersedes all prior understandings whether oral or written.

22. Governing Law

The law of the Commonwealth of Pennsylvania shall govern the validity, interpretation and enforcement of this Agreement. Any action brought with respect to this Agreement shall be brought in appropriate tribunal in Philadelphia and the Merchant agrees to waive personal jurisdiction in the event of such a dispute.

23. Contacting Us

If you have any questions about the EVERWASH Member Terms of Use and technical support, the practices of the EVERWASH Memberships, you can contact us at support@everwash.com or by any other means available on our Site.